Mathiyalakan v. The Inspector Of Police

CRL OP(MD). No.4 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.4 of 2020

1. Mathiyalakan,

2. Rajinadevi,

3. Parameshwari,

4. Annakodi, ... Petitioners/Accused 1,2,3,4 Vs State Represented by The Inspector of Police, Thiruppachethi Police Station, Sivagangai District - 630 610 (In Crime No.143 of 2019). ... Respondent/Complainant For Petitioner : M/s. R. Senthilkumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side).

For Intervenor : Mr.SP.Vijaya Nivas, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.143 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent and the learned counsel appearing for the intervenor.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 341, 323 and 506(ii) of I.P.C., in Crime No.143 of 2019 on the file of the respondent police, seek anticipatory bail.

3. The learned Government Advocate(Crl. Side) states that this is a case involving case and counter. Anticipatory bail was granted to the counter case accused.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.4 of 2020

4. The intervenor's counsel would point out that the first petitioner attacked the defacto complainant with wooden log while the second petitioner punched him on his face in public.

5. Since no serious offence has been committed and the whole thing has taken place in the background of election campaign, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thiruppuvanam, Sivagangai District, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 02/01/2020 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUPPUVANAM

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT 630610

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-42[I] dated 02/01/2020 ) +1 CC to M/s.SP.VIYAY NIVAS, Advocate ( SR-79[I] dated 03/01/2020 )

ORDER

IN CRL OP(MD) No.4 of 2020 Date :02/01/2020 pmu AE/JC/SAR-IV/ (03.01.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2